`
`,
`
`Board Certified
`Personal Injury Trial Law
`Texas Board of Legal Specialization
`
`TREY YARBROUGH
`Attorney and Mediator
`100 E. Ferguson St., Suite 1015
`Tyler, Texas 75702
`(903) 595-3111
`Fax: (903) 595-0191
`tfg§££a)[re)fl!afbf0ugh_com
`
`V
`
`March 8, 2006
`
`
`
`Certified Mediator
`State and Federal Courts
`National Mediation Academy
`
`Via Overnight Mail
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`600 Dulany Street
`Alexandria, VA 22313-1451
`
`Re:
`
`Opposition No. 91155687; B&B Hardware, Inc. v. Sealtite Building
`Fasteners
`
`To the Honorable Members of the Board:
`
`I enclose the original and one copy of a Withdrawal of Stipulation Regarding the
`Taking of Testimonial Depositions for filing among the other papers in the above-
`captioned opposition proceeding. Please return a file-marked copy of this enclosure in
`the stamped and addressed envelope provided. A copy of this enclosure has been
`furnished to all counsel in the manner shown below.
`
`Thank you for your kind attention to the foregoing.
`
`Very truly yours,
`
`jg %~e2 lfirg/(.2
`
`Trey Yarbrough
`
`TY/Ijc
`Enclosures
`
`cc:
`
`Roger N. Behle (via facsimile)
`Walter Ames (via facsimile)
`Tom Brown (via facsimile)
`
` ‘
`IllllllIllllllllllllllllllllllllllllllllllllllllll
`
`03-09-2006
`US. Patent & TMOfclTM Mail Rcpt Dt. #213
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`B&B HARDWARE, INC.
`
`v.
`
`Opposer,
`
`SEALTITE BUILDING FASTENERS,
`Applicant
`
`3
`
`Opposition No. 91155687
`Serial No. 75129229
`
`NOTICE OF NO ACTION REQUIRED ON
`
`STIPULATION REGARDING THE TAKING
`
`OF TESTIMONIAL DEPOSITIONS
`
`To the Honorable Trademark Trial and Appeal Board:
`
`Applicant, Sealtite Building Fasteners, advises the Trademark Trial and
`
`Appeal Board that the parties intend to proceed with testimonial depositions
`
`within the testimony period previously prescribed by the TTAB by order dated
`
`January 12, 2006. Therefore, no action is required on the parties’ Stipulation
`
`Regarding the Taking of Testimonial Depositions dated March 7, 2006, and filed
`
`with the Trademark Trial and Appeal Board on March 8, 2006.
`
`Of Counsel:
`Tom Brown
`Brown, Bauman & Smith
`400 E. Fifth Street
`Tyler, Texas 75701
`
`Respectfully submitted:
`
`
`
`McLean, Virginia 22101
`Trey Yarbrough
`100 E. Ferguson St., Suite 1015
`Tyler, Texas 75702
`903/595-3111
`903/595-0191 Fax
`
`Attorneys for Applicant
`
`
`
`W
`
`Certificate Of Service
`
`is hereby certified that on the 8th day of March, 2006, the foregoing
`It
`Withdrawal of Stipulation Regarding the Taking of Testimonial Depositions was
`served on Opposer, B&B Hardware, Inc. by sending a copy thereof to Roger N.
`Behle, Jr., Esq., Foley Bezek Behle & Curtis, LLP, 575 Anton Boulevard, Suite
`710, Costa Mesa, California 92626, attorney for opposer, via
`facsimile
`transmission.
`
`Mr
`
`Trey
`
`r
`
`gh
`
`Certificate Of Mailing
`
`is hereby certified that on the 8th day of March, 2006, the foregoing
`It
`document was deposited with Federal Express overnight mail service and
`addressed to:
`
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`600 Dulany Street
`Alexandria, VA 22313-1451
`(571) 272-8500